Town of Carmel, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Carmel as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 43.
Auctions and auctioneers — See Ch. 46.
Fees — See Ch. 80.
[Adopted 7-24-2019 by L.L. No. 4-2019[1]]
[1]
[Editor's Note: This local law also repealed former Art. I, Peddling, adopted 3-4-1981 by L.L. No. 1-1981 as Ch. 25 of the 1972 Code.
The purpose of this article is to protect the health, safety and welfare of the residents of the Town of Carmel by regulating peddling, soliciting and vending within the Town of Carmel.
Except as may be otherwise permitted by general or special law, it shall be unlawful for any person, corporation, partnership, company, unincorporated association, agent or principal thereof, or any other entity to engage in or act as a peddler, vendor, or commercial traveler, as herein defined, within the jurisdictional boundaries of the Town of Carmel.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL TRAVELER
A person or entity doing business through the act of renting a room or suite of rooms in a hotel, motel or inn, commercial building or private dwelling, excluding exterior areas and/or parking lots/parking areas, for temporary occupancy which does not exceed 60 days for the purpose of using said premises to sell, offer for sale or solicit orders for goods, services, merchandise or money to or from members of the public.
PEDDLE
The merchandising of any goods, wares, commodities, books, periodicals, labor or services; or requesting or seeking contributions of goods and/or money by going from house to house, place(s) of residence to place(s) of residence or by temporarily occupying a room, building, structure, land or other premises therefor.
PEDDLER
Any person who, being uninvited by the home or business owner, engages in the merchandising of any goods, wares, commodities, books, periodicals, labor or services by going from house to house or place(s) of residence to place(s) of residence. "Peddler" shall also include any person who seeks or requests contributions of goods and/or money by going from house to house, place(s) of residence to place(s) of residence, or by temporarily occupying a room, building or other premises with the Town for such purpose.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure, parking lot or structure of any kind intended to be used or occupied for the period of time necessary to peddle, vend or solicit the merchandise sold therein. In all prosecutions for the violation of this article, the intent of the defendant to conduct an established place of business shall be an affirmative defense, and the burden of proving such intent shall be upon the defendant in such prosecution.
VENDOR
A person who engages in the act or occupation of selling or offering for sale from a fixed location or locations, and at times and from time to time, goods, wares merchandise or labor, meats, fish, produce and prepared foods from any portable cart, stand, vehicle or display device of any nature.
The provisions of this article shall not apply to the following:
A. 
Any person peddling at the express invitation of any person or organization.
B. 
A wholesaler or distributor selling articles to dealers or merchants who have an established place of business within the Town.
C. 
A child regularly attending any public, private or parochial school; veterans organizations; fraternal organizations; civic groups; churches; tax-exempt charitable or religious organizations or sects; provided, however, that such child or member of such exempt organization shall carry on an otherwise prohibited conduct only in connection with an authorized activity of the school which the child attends or another school which has authorized such child to carry on the activity or, in the case of an exempt organization, which has authorized such member to carry on the activity. It shall be required, however, that prior to the commencement of such otherwise prohibited conduct, the school or otherwise exempt organization for which the activity shall be carried on shall notify the Clerk of the Town, in writing, of the intention of such school or exempt organization to conduct such activity within the Town, together with a brief description thereof.
Any person, corporation, partnership, company, unincorporated association, agent or principal thereof; or any other entity who shall act as a commercial traveler, peddler, solicitor or vendor, as defined herein, or who shall violate any other provision of this article shall be guilty of a violation and punishable by a fine not to exceed $1,000 or imprisonment for not more than 15 days, or both. Each day upon which such violation continues shall constitute a separate offense.
[Adopted 3-4-1981 by L.L. No. 2-1981 (Ch. 14 of the 1972 Code)]
The purpose of this article is to prevent fraud, crime and unethical conduct and is for the general protection, health and welfare of the residents of the Town of Carmel.
As used in this article, the following terms shall have the meanings indicated:
CANVASSING AND SOLICITING
The personal contact one makes with another, either on the highways and streets of this Town or on public or private property other than his own, for the purpose of raising funds for, supporting goals of or recruiting new members into any organization. "Canvassing" and "soliciting" shall also be deemed to be making surveys for research purposes, analysis, opinion, polls, rating data and any such similar work which, of its nature, involves a door-to-door or place-to-place activity.
PERMIT
The permit issued by the Town Clerk to a representative or representatives of an organization to canvass and solicit.
PERSONAL CONTACT
The face-to-face canvassing or soliciting of a person by another. Mail and telephone contact does not require a permit under this article.
It shall be unlawful for any person to canvass and solicit within the Town of Carmel without having first obtained and having in full force and effect a permit therefor.
The following data must be furnished by the applicant on the application form to be furnished by the Town Clerk:
A. 
Name and address of the individual.
B. 
Name and address of the organization represented by the applicant.
C. 
The purpose or purposes of the canvass or solicitation.
Provided that the applicant has furnished the data required by § 111-17 of this article, the Town Clerk shall forthwith issue a permit to the applicant. Each canvasser or solicitor must plainly display his or her permit on his or her clothing while canvassing or soliciting.
A permit shall not be denied unless the applicant fails to furnish the information required by § 111-17 of this article. Notice of such omission shall be furnished to the applicant by the Town Clerk, in writing, within 48 hours of the denial.
The permit shall authorize the canvassing and soliciting by the applicant for a period not exceeding three months from the date of its issuance.
No permit, once duly issued, shall be revoked, except upon one or more of the following grounds:
A. 
The use of the permit by a person other than the person to whom such permit is issued.
B. 
The conviction of the permit holder of any crime or offense committed in the Town of Carmel during the permit period.
C. 
Failure to obey any of the listed requirements of this article.
No canvasser or solicitor shall represent that the granting of a permit hereunder signifies an endorsement of the methods, goals or precepts of the organization by the Town of Carmel.
Should an owner, tenant or manager of private property display a sign prohibiting canvassing or soliciting, the permit granted hereunder shall not authorize the permittee to enter upon such property. Further, no permittee should engage in any unconsented touching of another person or interfere with the pedestrian or vehicular traffic flow while conducting his solicitation. Disregard of such prohibitions shall result in revocation of the permit.
A. 
Certain persons exempt. A child 18 years or under, enrolled in any public, parochial or private school and living within the Town of Carmel, is exempt from the provisions of this article.
B. 
Political activities exempt. Political activities are exempt from the provisions of this article.
Anyone canvassing or soliciting without a permit shall be guilty of a violation of this article punishable by a fine not to exceed $250 or a jail term not to exceed 15 days, or by both fine and imprisonment.